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HomeMy WebLinkAboutGREAT-WEST FINANCIALINSURANCE NOT RCOUIRPD WORK MAY PROCEED CLERK OF COUNR n, r� APR 16 2010 60 Amendment No, 3 Attached to and Forming part of AGREEMENT FOR RECORDKEEPING AND COMMUNICATION SERVICES §457 Deferred Compensation Plan GROUP #98280-01 A-2017-256 THIS AMENDMENT NO. 3 is entered Into by and between Great -West Life & Annuity Insurance Company ("Great -West"), and/or any successor, assign or affiliate, and the City of Santa Ana ("the Plan Sponsor") with respect to the services to be provided by Great -West to the City of Santa Ana 467 Deferred Compensation Plan (hereinafter referred to as the "Plan"). Effective September 22, 2014, Great -West and the Plan Sponsor entered Into the Agreement for Recordkeeping and Communication Services ("Agreement"), under which Great -West provides certain recordkeeping and communication services for the Plan Sponsor with respect to the Plan; and Effective December 10, 2015, Great -West and the Pian Sponsor entered into Amendment No.1 ("Amendment No.1") to the Agreement, to renew the Agreement; and Effective October 10, 2016, Great -West and the Plan Sponsor entered into Amendment No.2 ("Amendment No.2") to the Agreement, to renew the Agreement; and Effective August 1, 2017, the tem} of the agreement was extended by Plan Sponsor and Great -West; and Great -West and the Plan Sponsor have agreed that it would be mutually beneficial to amend the Agreement to include addltionai services. NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good and valuable consideration as herein provided, the parties agree to amend the Agreement as follows: 1. Section IX Agreement Term and Termination is amended to extend the term of the Agreement up to and including December 31, 2017, 2, Section II.M. of the Agreement shall be deleted in Its entirety and all subsequent sections shall be re -numbered accordingly. 3. A new Section i, shall be added to the end of Section Ili. as follows: Plan Sponsor's approved model form of QDRO for the Plan is attached to this Agreement. Plan Sponsor hereby Instructs and authorizes Great -West to treat as qualified each QDRO received by Great -West in good order using the model QDRO form, or a form that is similar in all material respects to the model CORO fort. Plan Sponsor instructs Great -West to process the QDRO, without Plan Sponsor's further approval, by establishing a separate account for the Alternate Payee or making a lump sum distribution to the Alternate Payee. Plan Sponsor Instructs Great - West to send a copy of each QDRO confirmation or rejection letter to Plan Sponsor. City of Santa Ana Service Agreement Amend No 3 Plan Sponsor further instructs Great -West to process, without Plan Sponsor's further approval, all requests, received in good order and in a manner acceptable to Great -West, for distributions from Alternate Payee accounts established before or after the Effective Date. Plan Sponsor instructs Great -West to calculate any Alternate Payee's QDRO amount based solely on the Participant's account records on Great -West's reeordkeeping system, and to reject any QDRO that specifies a valuation date prior to the Effective Date. Plan Sponsor agrees to make determinations with respect to any orders received that are not materially similar to the model QDRO form for reasons other than the inclusion of a valuation date that precedes the Effective Date." 4. A new Section J. shall be added to the end of Section IIh as follows: "J Distributions Due to Unforeseeable Emeroencies Plan Sponsor hereby instructs and authorizes Great -West to process, without Plan Sponsor's further approval, all Participant requests, received in good order and in a manner acceptable to Great -West, for distributions due to unforeseeable emergency resulting in a severe financial hardship to the Participant or Beneficiary that cannot be alleviated by any other means available to the Participant. Great -West shall only process such requests if they meet the safe harbor defined in the Treasury Regulations, as described below. Plan Sponsor further Instructs Great -West to rely on any and all representations made by a Participant in a request, The following situations shall qualify for a distribution under this section: 1. An illness or accident of the Participant or Beneficiary, the Participant's or Beneficiary's spouse, or the Participant's or Beneficiary's dependent (as defined in Code §152, and for taxable years beginning on or after January 1, 2005, without regard to §152(b)(1), (b)(2) and (d)(1)(B)); 2. Loss of the Participant's or Beneficiary's property due to casualty; 3. The following extraordinary and unforeseeable circumstances, If they arise as a result of events beyond the control of the Participant or Beneficiary: a) The imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence; b) The need to pay for medical expenses, including nonrefundable deductibles, as well as the cost of prescription drug medication; and c) The need to pay for the funeral expenses of a spouse or a dependent (as defined in Code §152, and for taxable years beginning on or after January 1, 2005, without regard to §152(b)(1), (b)(2) and (d)(1)(13)) of Participant or Beneficiary. Except in extraordinary circumstances, the following are examples of situations that shall NOT qualify for a distribution under this section. 1. Purchase of real estate; 2. Payment of college tuition; 3. Unpaid rent or mortgage payments, except in the event of imminent foreclosure or eviction; 4. Unpaid utility bills; 5. Loan repayments; City of Santa Ana Service Agreement Amend No 3 9 14* 6. Personal bankruptcy (except when resulting directly and solely from illness, casualty loss or other similar extraordinary and unforeseeable circumstances beyond the Participant's or Beneficiary's control); 7. Payment of taxes, interest or penalties; or 8. Marital separation or divorce. Plan Sponsor will make determinations with respect to any unforeseeable emergency distribution request that does not clearly fall within the guidelines set forth above. In the event of any changes to applicable Treasury Regulations, Great -West may revise time and without further notice to Plan Sponsor. In effect until revoked by either party. law, including the safe harbor defined in the this authorization and instruction from time to This authorization and instruction shall remain In order to receive this service, Plan Sponsor must also utilize Great -West's beneficiary recordkeeping and deferral recordkeeping services. For each Participant receiving an unforeseeable emergency distribution, Pian Sponsor instructs Great -West to notify Plan Sponsor to suspend elective deferrals for the period required by the Plan, If any. Great -West is instructed to deny any request where the unforeseeable emergency event occurred prior to the Effective Date, or more than one year prior to the date the request is received. Great -West may contact Plan Sponsor for direction when unusual situations arise. For each request that is denied or that cannot be processed due to its failure to satisfy an unforeseeable emergency event. Plan Sponsor instructs Great -West to notify the Participant to contact Plan Sponsor if the Participant wishes to appeal the determination." A new Section K. shall be added to the end of Section Ill. as follows: "K Distributions Due to Severance from Employment for Reasons Other than Death or Disability Plan Sponsor hereby instructs and authorizes Great -West to process, without Plan Sponsor's further approval, Participant requests for distribution due to severance of employment for any reason other than death or disability, provided such requests are received in good order and in a manner acceptable to Great -West. In order to receive this service, Plan Sponsor must also utilize Great -West's vesting tracking service, if the Plan has a vesting schedule. If Plan Sponsor has not provided a Participant's termination date or other required information, Plan Sponsor instructs Great -West to route the request to Plan Sponsor for approval before processing the distribution. For spousal consent purposes, Plan Sponsor instructs Great -West to rely on the marital status specified by the Participant in the request form." In all other respects the Agreement shall remain in full force and effect. This Amendment No. 3 will take effect on September 30, 2017 (the "Effective Date") upon being executed by both the Plan Sponsor and Great -West. (Signature page to follow) City of Santa Ana Service Agreement Amend No 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to the Agreement to be executed, in duplicate, by their respective officers and agents thereunto duly authorized. For The City of Santa Ana Signature: See attached signature page— Date Z Title: For Great -West Life & Annuityy I rurance Company e Signature: t �- 7 Date 1 ! 7 Name: Daniel A. Morrison Title: Senior Vice President Government Markets City of Santa Ana Service Agreement Amend No 3 ATTEST: w APPROVED AS TO FORM: SONIA R. CARVALMO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CITU OF SANTA ANA Raul Godi z;'II City Manager FRANCISCO GUTIERREZ Executive Director of Finance and Management Agency